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UNITED STATES
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
THIRD CIRCUIT
Petitioner Small was convicted in a Japanese
Court of trying to smuggle firearms and ammunition into that
country. He served five years in prison and then returned to the
United States, where he bought a gun. Federal authorities
subsequently charged Small under 18 U.S.C. 922(g)(1), which
forbids any person convicted in any court of a crime
punishable by imprisonment for a term exceeding one year to
possess any firearm. (Emphasis added.) Small pleaded guilty
while reserving the right to challenge his conviction on the ground
that his earlier conviction, being foreign, fell outside 922(g)(1)s
scope. The Federal District Court and the Third Circuit rejected this
argument.
Held: Section 922(g)(1)s phrase convicted in any court
encompasses only domestic, not foreign, convictions. Pp. 29.
(a) In considering the scope of the phrase convicted in any court
it is appropriate to assume that Congress had domestic concerns
in mind. This assumption is similar to the legal presumption that
Congress ordinarily intends its statutes to have domestic, not
extraterritorial,
application,
see, e.g.,
Foley
Bros.,
Inc.v. Filardo, 336 U.S. 281, 285. The phrase convicted in any
court describes one necessary portion of the gun possession
activity that is prohibited as a matter of domestic law. Moreover,
because foreign convictions may include convictions for conduct
that domestic laws would permit, e.g., for engaging in economic
conduct that our society might encourage, convictions from a legal
system that are inconsistent with American understanding of
fairness, and convictions for conduct that domestic law punishes
far less severely, the key statutory phrase convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year somewhat less reliably identifies dangerous individuals for
the purposes of U.S. law where foreign convictions, rather than
domestic convictions, are at issue. In addition, it is difficult to read
the statute as asking judges or prosecutors to refine its definitional